Privacy Notice Effective Date: January 1, 2020

Revised: June 25, 2021

1. INTRODUCTION.

Jester King Craft Brewery (” us,” “we,” “our,” or “Jester King”) is committed to respecting the privacy rights of our customers, visitors, and other users. This encompasses all of our properties and assets including Jester King Brewery, Jester King Kitchen, Jester King Inn, and The Hall at Jester King. This Privacy Notice (“Privacy Notice”) describes how we collect, use, disclose, and protect your information, as well as what rights you have with regard to the information we maintain about you, when you:

Use our website www.jesterkingbrewery.com and any other website that we operate and that link to this Privacy Notice (collectively referred to as our “Sites”);

Communicate with us electronically, such as via email; and

Interact with us offline, including in person at our facilities, over the phone, or at an event (all three bullet points together, referred to as our “Services”).

Please read this Privacy Notice carefully before using our Sites and Services. If you have any questions or complaints about this Privacy Notice or our information practices, please contact us using the information in Section 14 below.

Jester King is the data controller of the Personal Information collected under this Privacy Notice. Contact information for Jester King can be found in Section 14 below.

2. NOTICE CONCERNING UNDERAGE USERS.

Because Jester King is an alcoholic beverage company that is based in the United States, you must be at least twenty one (21) years of age to access, use, or make purchases from our Sites. We do not direct any content at, or knowingly collect Personal Information from or about, persons less than 21 years of age. If we learn or have reason to suspect that a user of our Sites is under age 21, we will promptly delete the Personal Information that we collected. We certainly do not direct any content at, or knowingly collect Personal Information from or about children under 13 years of age without parental consent. If we learn that a child under the age of 13 has provided Personal Information to us without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Information, please contact us using the information in Section 14 below.

3. HOW WE COLLECT YOUR PERSONAL INFORMATION.

In order for you to receive certain Services and interact with our Sites, we may require you to provide us with Personal Information. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. We may collect the following categories or Personal Information from you in the following ways:

(3.1) PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU. When you make purchases from our Services, send us messages online, sign up for our newsletters, communicate with us through e-mail, phone, or in person, participate in our insight groups and fill out our surveys, participate in our social media contest, attend our tours and events, or visit our Restaurant, we may collect the following categories of Personal Information from you:

Identifiers and Contact Information, such as your name, mailing address, billing address, phone number, company name, e-mail address, and account user name (if you create a mailing list or reservation account with us). We may also ask you to provide your photograph and/or government-issued identification card, but only for identity or age verification purposes;

Financial Information, such as your bank account or credit card number;

Communication Data, such as the content of your communications when you complete surveys and online forms, provide us feedback, or otherwise email us with a comment or complaint;

Audio, Electronic or Visual Information, such as photographs or videos taken of you when you interact with us at our facilities or at one of our onsite, offsite, or virtual events.

Other Identifying Data, such as your date of birth, your signature (on purchase receipts), and resume information (if you are applying for a job or internship with us).

(3.2) PERSONAL INFORMATION COLLECTED AUTOMATICALLY WHEN YOU USE OUR SITES. When you visit the Sites, we automatically track and collect your user data through cookies and other data tracking technologies. You can learn more about our use of cookies and data tracking technologies in Section 7 below. Some of this data is considered Personal Information under certain privacy laws. When you visit our Sites, we may collect the following categories of Personal Information from you:

Identifiers, such as your IP address, and unique identifiers generated by cookies.

Internet and other Electronic Activity Information, such as your domain servers, device types, browser types, search terms, operating systems, browsing history and other information about your use of the Sites. We cannot identify you by this information alone, but it is helpful for understanding our audience generally and improving your experience on the Sites.

4. HOW WE USE YOUR PERSONAL INFORMATION.

We will use your information as described below or at the time we collect it.

(4.1) ACCESS AND VERIFICATION. You must be at least 21 years of age to access our Services. In order to comply with our legal obligations, we may ask for your year and/or full date of birth in order to verify that you are old enough to access our Sites. We may also request that you provide us with your government-issued identification card and/or photograph to verify your age when you make purchases from us or to verify your identity. Our legal basis for processing this Personal Information is pursuant to our legal obligations.

(4.2) REGISTRATION. If you wish to create an account with us, we collect your Identifiers and Contact Information in order to create the account for you. In addition, when you sign up for our tours or events, we collect your Identifiers and Contact Information to register you for these activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests.

(4.3) ADMINISTRATIVE COMMUNICATIONS. We use your Communication Data, Identifiers and Contact Information to respond to your feedback, complaints, questions, and other communications you send to us. We may also contact you to send you important administrative announcements, such as updates to this Privacy Notice and other legal documents and notices about your account, our company, or our Services. If you participate in our text-to-win program, we may send you communications with our legal basis for processing this Personal Information is pursuant to our legitimate interests.

(4.4) MARKETING COMMUNICATIONS. With your consent, we may use your Identifiers and Contact Information to send you marketing and other promotional information about our company or our products or Services. You may opt out of marketing communications at any time by clicking on the “unsubscribe” link in any marketing email or by emailing us at office@jesterkingbrewery.com. Our legal basis for processing this Personal Information is pursuant to our legitimate interests or, where required by law, your consent.

(4.5) COMPLETION OF PURCHASE ORDERS. We may use your Financial Information to bill you for items and products via third party purchasing platforms including but not limited to Toast, Universe, and Square. We use your Identifiers and Contact Information to provide purchase order confirmation and other communications related to your transaction. Our legal basis for processing this Personal Information is pursuant to our contract with you. We use a third party payment processor to process your payment card information on our behalf. Jester King does not maintain or store your payment card information.

(4.6) PERFORM ANALYTICS AND IMPROVE USER EXPERIENCE. We may use Personal Information, Internet and other Electronic Activity Information, and other non-identifiable data to improve your experience by, for example, curating content and showing you advertisements in third party social media platforms tailored to your interests. We may also use such information to perform analytics of our Sites. Our legal basis for processing this Personal Data is pursuant to our legitimate interests.

(4.7) IMPROVE OUR PRODUCTS. When you provide us feedback about our products and services, or participate in insight or research groups related to our products, we may collect your Communication Data, Identifiers and Contact Information, and Audio, Electronic, and Visual Information in order to analyze and understand your opinions of our products. Our analysis of this information allows us to create and improve our products. From time to time, we may use your Identifiers and Contact Information to send you thank-you gifts for your participation in such activities. Our legal basis for processing this Personal Information is pursuant to our legitimate interests in improving our products.

(4.8) EMPLOYMENT APPLICATIONS. If you apply for employment through our website, we will use the Personal Information contained in your application to evaluate your potential employment with us. Our legal basis for processing this Personal Data is pursuant to our legitimate interests and/or our potential contract/employment relationship with you. We also use automated decision-making technology to determine your eligibility to work and enter into an employment arrangement with us – in particular, to determine whether you are at least 21 years of age and, for certain positions, whether you have a valid driver’s license. If you do not meet these criteria, we will not review your application.

(4.9) ENFORCEMENT. We may use your Personal Information to investigate, enforce, and apply our Terms of Use and Privacy Policy. Our legal basis for processing this Personal Data is pursuant to our legitimate interests or legal obligations.

5. PUBLIC FORUMS.

We may make available, and you may participate in, public forums, including our social media pages. If you post in these public forums, the information (including any Personal Information) you post will be publically available to us and other users of our Sites. We have no control over how other users of our Sites may use or share your information. We recommend that you exercise caution when participating in public forums and posting information to those public forums.

6. HOW WE SHARE YOUR PERSONAL INFORMATION.

We share your Personal Information with your consent, at your direction, or in the following circumstances:

(6.1) SERVICE PROVIDERS. We may share your Personal Information, including Identifiers, Contact Information, Financial Information, Communication Data, Internet and other Electronic Activity Information, Audio, Electronic or Visual Information, and Other Identifying Data with third parties that assist us in operating our Services and our business by providing services related to hosting, data management, billing, fulfillment, marketing, and other operational services. We take steps to ensure that our service providers protect the Personal Information we share with them and require that they not further share, sell, disclose, or otherwise use the Personal Information we share with them for any purpose other than providing services to us.

(6.2) BUSINESS PARTNERS. When you direct or otherwise give us permission to do so, we may share your Identifiers, Contact Information and Financial Information to our business partners that assist us in processing payments and other transactions you make with Jester King. Please be aware that you may have the option of providing your Personal Information directly to our business partners and that these business partners may use your Personal Information in ways that are different from Jester King, such as sending you marketing emails of their own products or services. We are not responsible for how our business partners handle the information you provide to them and we encourage you to review the privacy policies of our business partners before submitting your Personal Information directly to them.

(6.3) LEGAL OBLIGATIONS. We may share any or all categories of your Personal Information with third parties when it is reasonably necessary to: (a) comply with a court order or other legal process; (b) protect our rights, safety or property of Jester King or our users; or (c) enforce our Terms of Use.

We do not share your Personal Information with third parties for those third parties’ own marketing purposes.

7. COOKIES AND OTHER DATA COLLECTION TECHNOLOGY.

A “Cookie” is a small text file that is sent to or accessed from your web browser or your computer’s hard drive. A Cookie typically contains the name of the domain (internet location) from which the Cookie originated, the “lifetime” of the Cookie (when it expires), and a randomly generated unique number or other similar identifier. A Cookie may also contain information about your computer, such as user settings, browsing history and activities conducted while using our online services.

A “Web Beacon” (also called a “pixel tag” or “clear GIF”) is a piece of computer code that enables us to monitor user activity and website traffic.

We refer to Cookies, Web Beacons (also known as pixel tags and clear GIFs) and other similar technology as “Data Collection Technology”. To learn more about Cookies and Web Beacons, visit www.allaboutcookies.org.

Data Collection Technology helps us improve your experience on our online services. For example, we use Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing Cookies on your device. The information that the Cookies collect, such as the number of visitors to the website, the pages visited and the length of time spent on the website, is aggregated. We also may use Data Collection Technology to collect information from the computer or device that you use to access our online services, such as your operating system type, browser type, domain and other system settings, as well as the language your system uses and the country and time zone in which your computer or device is located.

We generally use the following types of Data Collection Technologies, which may change from time to time: (i) Session Cookies, which expire once you close your browser; and (ii) Persistent Cookies, which stay on your computer until you delete them.

(7.1) YOUR CONTROL OF COOKIES: Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject Cookies or alert you when a Cookies is placed on your device. You may also be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through our online services.

(7.2) OUR POLICY ON DO NOT TRACK SIGNALS: Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. We follow the DNT signals we receive from your browsers.

8. INTEREST-BASED ADVERTISING.

We may use third-party service providers to serve advertisements on our behalf across the Internet. These advertising service providers may collect (through the use of Data Collection Technologies) information about your visits to and interactions with our Sites. In addition to the information about your visits to our Site, our service providers may also use the information about your visits to other websites to target advertisements for products and services available from us. We do not allow our advertising service providers to use the Personal Information we make available to them for any other purpose than to provide us advertising and analytics services. If you would like more information about this practice, please visit the Network Advertising Initiative (“NAI”) Frequently Asked Questions. To manage your third party advertising preference, you can use the NAI Consumer Opt Out mechanism. Note that if you opt out of interest-based advertising, you may still see advertisements – they will just not be tailored to your interests.

9. SECURITY AND RETENTION OF PERSONAL INFORMATION.

We use appropriate organizational and technical safeguards to protect your information from unauthorized access, disclosure, use, or loss. For example, your Personal Information is stored on secure servers, and we provide you with the capability to transmit your Personal Information via secured and encrypted channels if you use a similarly equipped web browser. We also limit access to your Personal Information to those employees and contractors who need access to perform their job function. If you have any questions about the security on the Sites, please contact us at office@jesterkingbrewery.com

Although we take appropriate measures to safeguard your Personal Information, we cannot guarantee security. We recommend that you take reasonable measures to protect the Personal Information you submit through the Sites, such as keeping confidential your account username and password.

We will maintain your Personal Information for as long as you have an account or as is necessary to fulfill the purpose for which it was collected at the time of collection. We may also maintain some of your Personal Information as is necessary to: (a) comply with a legal or regulatory requirement; (b) protect our rights or property; (c) enforce our Terms of Use; or (d) carry out other legitimate business purposes. After we have satisfied the purpose for which your Personal Information was collected, we will either delete or anonymize it.

10. USER RIGHTS AND CHOICES.

If you would like to access or modify the Personal Information we maintain about you, please contact us at office@jesterkingbrewery.com.

If you are located in the European Economic Area (“EEA”), you have the following additional rights with respect to your Personal Information:

(10.1) RIGHT TO ACCESS AND RECEIVE. You may request a copy of or access to the Personal Information we hold about you. You may also request that we transfer your Personal Information to a third party in a machine-readable format.

(10.2) RIGHT TO CORRECT. You may ask us to update or correct inaccurate or incomplete Personal Information we hold about you.

(10.3) RIGHT TO LIMIT OR RESTRICT. You may have the right to request that we stop using all or some of your Personal Information or to limit our use of it. You also have the right to withdraw your consent to those Personal Information processing activities for which you have given us your consent.

(10.4) RIGHT TO ERASE. You may have the right to request that we delete all or some of your Personal Information.

(10.5) RIGHT TO WITHDRAW CONSENT. You have the right to withdraw any consent you have previously given to Jester King at any time. Your withdrawal of consent does not affect the lawfulness of our collecting, using, and sharing of your Personal Information prior to the withdrawal of your consent. Even if you withdraw your consent, we have the right to use your Personal Information if it has been fully anonymized and cannot be used to personally identify you.

(10.6) RIGHT TO COMPLAIN. You have the right to lodge a complaint with your Supervisory Authority if you are unhappy with how we process your Personal Information. You can find contact information for you Supervisory Authority on the European Commission Data Protection Authorities webpage or through other publicly available sources.

(10.7) AUTOMATED DECISION-MAKING. You have the right to express your point of view or contest any decision made as a result of automated decision-making technology, including any decision made about your employment application per Section 4.7 above. You also have the right to ask that we manually review these aspects of your employment application. If we are required by applicable laws to provide you with an option to opt-out of such automated decision-making, we provide you with that option.

(10.8) EXERCISING YOUR RIGHTS. You may contact us at office@jesterkingbrewery.com to assert any of the above rights. We will respond as soon as possible.

11. NOTICE FOR OUR CALIFORNIA CONSUMERS

(11.1) CALIFORNIA CONSUMER PRIVACY ACT.

If you are a California resident, there are certain rights available to you under the California Consumer Privacy Act (“CCPA”).

Request to Know. You have the right to request to know: (i) the specific pieces of Personal Information we have collected about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which that Personal Information was collected; (iv) the categories of your Personal Information that we sold or disclosed in the last 12 months; (v) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purpose for collecting and selling your Personal Information. You may exercise your right to request to know twice a year, free of charge.

Please note, in response to a request to know, we are prohibited from disclosing your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions and answers.

Generally, in the past 12 months:

We collected the categories of Personal Information from the sources detailed above in “How We Collect Your Information”. The purposes for the collection of the Personal Information are described above in “How We Use Your Personal Information.”

We have not sold your Personal Information.

We have disclosed or shared your Personal Information to the categories of third parties in the manner detailed above in “How We Share Your Personal Information.”

Request to delete. You have the right to request that we delete the Personal Information that we have collected from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request to delete, we will let you know the reason why.

Opt out of the sale of your Personal Information. You have the right to opt out of the sale of your Personal Information. However, we do not sell your Personal Information.

Right to Non-Discrimination. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, please know that you may be unable to use or access certain features of our Websites or services.

To make a request to know or a request to delete, contact us at office@jesterkingbrewery.com. Please send an email with subject line “Privacy Request” and let us know what request you would like to make.

We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity. We will only use the Personal Information you provide to verify your identity and to process your request, unless you initially provided the information for another purpose.

You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

12. NOTE TO INTERNATIONAL USERS.

Jester King is headquartered in the United States, where the laws may not be as protective as the laws in your country. Please be advised that any Personal Information that you provide to us or that we gather through our Services will be transferred to the United States. By using our Services and providing your Personal Information to us, you acknowledge that your Personal Information will be transferred to and processed in the United States.

13. THIRD PARTY LINKS.

The Sites contain links to third party websites, including but not limited to Facebook, Instagram, Twitter, Tripleseat, Jotform, Universe, Toast, Mailchimp, and Kotis Design. We do not control and are not responsible for the privacy practices or the content of such third party websites. We suggest you read the privacy policies on all such third-party websites. This Privacy Notice is only applicable to our Services, and not to any other websites or services that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Notice.

14. CONTACT US.

If you have a question or concern regarding this Privacy Notice, you may contact us at office@jesterkingbrewery.com or write or call us at the following address:

Re: Privacy Notice Compliance

Jester King Brewery

13187 Fitzhugh Road

Austin, Texas 78736

In your correspondence, please describe your question, concern, or complaint in as much detail as possible. We will investigate and respond to you promptly.

15. UPDATES AND CHANGES TO PRIVACY NOTICE.

We may need to modify this Privacy Notice as the law or our data practices changes. If we make material changes, we will notify you of such changes by any reasonable means (e.g., notice on the Sites, email to the email address we have on file, etc.) prior to them becoming effective. Your continued use of our Services after receiving such notice means that you acknowledge and accept the revised Privacy Notice.